The great fraud of UlsterHealy, T. M. (Timothy Michael)
History
The great fraud of Ulster
Healy, T. M. (Timothy Michael)
Ireland -- History -- 17th century; Ulster (Northern Ireland and Ireland) -- History
At the trial he did not attempt to prove that any part of Lough
Neagh was injured. Still, as the traps must have hurt all the upper
waters, the jury decided that, if they were ultimately held to be
unlawful, the damages should be £45. This finding was elaborated into
a “special verdict” drawn up between the opposing counsel, which set
out their version of each litigant’s title. The question of the legal
right to erect the traps was left over for argument in the Appellate
Court in Dublin. The only point to be decided was: Whether as a
possible hindrance to fish ascending to Lough Neagh the traps could
be maintained.
The Londoners’ counsel at this stage was the Attorney-General (John
Fitzgibbon), who allowed the “special verdict” to be so framed that
their Charter and Lord Donegall’s Patent were mutually accepted as
unimpeachable.
Soon afterwards Fitzgibbon became Lord Chancellor and Earl of Clare.
When the appeal came on he presided at the hearing in 1789, and
struggled hard to prevent the traps being condemned. The majority
of the judges, however, decided that they were illegal, and the
Londoners after some time raised a further appeal by means of a
Writ of Error to the Irish House of Lords in 1795. There again the
Chancellor figured as the leading member of the Court and strove to
help his old clients.
The Dublin Parliament in 1782 had declared its independence of
English jurisdiction, and the air of its Court in College Green was
charged with Irish spirit. When the Writ of Error had been argued
for a day, one of the legal peers, Lord Pery, showed his mettle by
suggesting that the Londoners’ Charter was defective for lack of the
Irish Great Seal. This was a deadly thrust; but he then aimed a home
blow at their opponent. He suggested that, although Charles II. made
the grant to Lord Donegall earlier than the Charter, the Londoners
retained priority under their original Charter from James I., because
the annulment of the latter took place under an English decree of
Charles I., which did not extend to Ireland. Therefore, he contended,
they still possessed their ancient rights intact. These objections
raised the slumbering wraith of international conflict with Great
Britain at an embarrassing moment. They bristled with delicate
political problems, and the Lord Chancellor cleverly foiled them.
Dealing first with the Donegall Patent, he narrated that he had acted
as counsel for the Londoners at the trial at Armagh in 1788, and had
gone there “for the very purpose of showing that Lord Donegall had
no title—but a clause in the Act of Settlement put that out of the
case.” Turning to the Charter, he declared that the Londoners held
by possession for over a century; and, although the Great Seal of
Ireland might originally have been necessary to it, a good possessory
title had been acquired by the lapse of years. These statements
appeared conclusive.
Public-domain text, read in full here on John Shaqi.
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